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O.S. No. 488/2023

Case between Miczo kft et al vs VijayaKumar regarding realization of money

Court
II ADDITIONAL MUNSIFF, ERNAKULAM
Judge
Smt. Needi.K.Dinamany
Order Date
2024-09-07
Duration
approximately-4 years 7 months
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The case involves Miczo kft and MPW Workforce Private Limited as plaintiffs against VijayaKumar regarding a breach of an employment undertaking. The plaintiffs allege that the defendant failed to comply with the terms of employment and absconded after briefly working in Hungary.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed the suit in favor of the plaintiffs, ordering the defendant to pay ₹8,25,715 along with interest. The defendant's assets are also liable to satisfy the decree.
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay ₹8,25,715 along with interest @12% per annum from the date of suit till the date of decree and 6% from the date of decree till payment or realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiffs, ordering the defendant to pay ₹8,25,715 along with interest. The defendant's assets are also liable to satisfy the decree.
Why Plaintiff Won:
The plaintiffs established a case based on the evidence provided, which included the employment undertaking and various documents.
Losing Side's Weaknesses:
The plaintiffs established a case based on the evidence provided, which included the employment undertaking and various documents.
Supporting Evidence
On perusal of the plaint, proof affidavit and documents produced, I am of the view that plaintiffs have established a case and they are entitled to realize an amount of Rs.8,25,715/- with interest from defendant.

Judgment Evidence:

In the result, suit is decreed as follows: Defendant shall pay Rs.8,25,715/- (Rupees Eight lakhs twenty five thousand seven hundred and fifteen only)...

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Miczo kft
Party Role
Plaintiff
Party Name
MPW Workforce Private Limited
Party Role
Defendant
Party Name
VijayaKumar
Party Age
44
Relation
S/o
Plaintiffs Documents
Certified copy of Power of Attorney, Copy of defendant’s Passport, Employment undertaking dated 01.02.2023, Copy of air tickets, Copy of lawyer notice.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Vipin P Varghese
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Adarsh John Mathew
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Merline Mathew
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Celine John
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sreelekshmi G
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Mehnaz P Mohammed
Appearance Type
Main Counsel

Reliefs

Relief Type: Damages
Outcome: Granted
Description:
Defendant shall pay Rs.8,25,715/- along with interest
Evidence:
Defendant shall pay Rs.8,25,715/- (Rupees Eight lakhs twenty five thousand seven hundred and fifteen only) alongwith interest @12 % per annum from the date of suit till the date of decree and 6% from the date of decree till payment or realization, as the case may be, to plaintiffs.
Relief Type: Other
Outcome: Granted
Description:
Defendant shall be personally and his assets shall also be liable to satisfy the decree debt
Evidence:
Defendant shall be personally and his assets shall also be liable to satisfy the decree debt.
Relief Type: Other
Outcome: Granted
Description:
Plaintiffs are also entitled to realize the costs of the suit
Evidence:
Plaintiffs are also entitled to realize the costs of the suit.

Documents & Evidence

Document Type: Power of Attorney
Submitted By: Plaintiff
Relevance:
Executed by 1st plaintiff
Reference:
Ext.A1
Document Type: Passport
Submitted By: Plaintiff
Relevance:
Copy of defendant’s passport
Reference:
Ext.A2
Document Type: Employment Undertaking
Submitted By: Plaintiff
Relevance:
Undertaking executed by the defendant in favour of 1st plaintiff
Reference:
Ext.A3
Document Type: Air Tickets
Submitted By: Plaintiff
Relevance:
Copy of air tickets for the defendant's travel
Reference:
Ext.A4
Document Type: Legal Notice
Submitted By: Plaintiff
Relevance:
Copy of lawyer's notice issued to the defendant
Reference:
Ext.A6
Document Type: Reply Notice
Submitted By: Plaintiff
Relevance:
Copy of reply notice issued by the defendant
Reference:
Ext.A7

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Miczo kft et al vs VijayaKumar regarding realization of money
Case Code Year
Case between Miczo kft et al vs VijayaKumar regarding realization of money

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Sun, 09/01/2024 - 12:00
To
Mon, 09/30/2024 - 12:00
Outcome Confidence
90%

Involved Entities

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